Shipping of hazardous materials is risky business and the compliance requirements are even more challenging. Penalties for violation can cost you a whopping $175,000 per infraction per day. The Department of Transportation (DOT) can assess civil penalties of $75,000 for each violation and a maximum civil penalty of $175,000 for a violation that results in death, serious illness or severe injury to any person, or substantial destruction of property. It makes all the sense for business to make policies, procedures and risk minimization plans to avoid violations and prepare themselves when a Hazmat inspector comes knocking.
This session will address hazmat penalty mitigation methods and help you avoid future hazmat violations. Learn from an expert who has an extensive experience mitigating penalty actions and implementing corrective actions that regulators take into account when assessing penalties.
Objectives of the Presentation:
- How to prepare in advance of a DOT inspection
- What to do once the inspector arrives
- Typical questions asked by inspectors
- Common violations
- How to respond to an exit briefing, letter of investigation (LOI) or Notice of Probable Violation (NOPV)
- How DOT determines the amount of a civil penalty
Why Should you Attend:
The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) specify requirements for the safe transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. These comprehensive regulations govern transportation-related activities by offerors (e.g., shippers, brokers, forwarding agents, freight forwarders, and warehousers); carriers (i.e., common, contract, and private); packaging manufacturers, reconditioners, testers, and retesters; and independent inspection agencies.
The HMR apply to each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials.
An individual who willfully violates a provision of the HMR may be fined, under Title 18 U.S.C., up to $250,000, be imprisoned for not more than 5 years, or both; a business entity may be fined up to $500,000.
The session will assist you to achieve compliance by implementing an effective compliance program that reduces the risk for frustrated shipments, injuries, lawsuits, penalty actions, negative publicity and incidents. You'll become aware of deficiencies that are the target areas for hazmat enforcement inspectors and know how to address these issues immediately to mitigate risks.
Any company that ships or carries a hazardous material is subject to the U.S. Department of Transportation (DOT) hazardous materials regulations. A hazardous material is a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, or property when transported in commerce, which includes hazardous waste and hazardous substances as defined by the U.S. Environmental Protection Agency. The rules may be enforced by DOT personnel, or by state or local government authorities. The likelihood of an inspection is small, but with the growing number of state and local officials getting involved with enforcement, that likelihood is growing.
Robert Micheal Howell Jr.,
Howell Safety Management Consulting
Robert Micheal Howell has been an Occupational & Mine Safety and Health professional since 1996. The past 16 years of his 20-year career has been focusing on various segments of construction from large multi-billion dollar commercial projects to very large scale industrial projects.
He also has his own safety consulting firm, Howell Safety Management Consulting, which operates throughout the United States. He has vast experience in a variety of aspects of the safety industry including: HAZWOPPER, HAZCOM, MSHA, NCCER training and facilitation, DOT, RCRA, EPA and emergency medical technology. Additionally, Mike is an authorized OSHA Construction Industry 500 Train the Trainer for the 10 and 30-hour Outreach program which has turned out hundreds of certified students.
He has extensive experience in many facets of proactive safety management through the facilitation of various OSHA VPP, CAL OSHA SHARP, Golden Gate, CCIP and OCIP programs.
- Shipping Professionals
- Distribution Managers
- Supply chain analysts
- Trucking company safety managers
- Operations management
- Human resources - transportation industry
- CEO or Company Executive
- Compliance & Safety Officer
- Director of Risk Management
- Director of Human Resources
- Regulatory Compliance Agent
- Warehouse Managers